Evening star. [volume], March 04, 1940, Image 1

About Evening star. [volume] (Washington, D.C.) 1854-1972

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X':- Weather Forecast ~ XXXXS.1
Mostly cloudy tonight; tomorrow fair; • fihitititL^J in 1BC9
little change in temperature; lowest to^ CSfOWISlieO IB IBM 7
night about 85 degrees. Temperatures
today-Highest, 52, at 2 pjnT lowest, gX7 Mort people to Washtogton have The
S7, at 7:15 a.m. •*,:*» Star delivered to their homes every
From tb« unites atete* weetner Bureau report. evening and Sunday morning.
Full detalle on Fan A-S. • > * *•. ■ ; ”
_ClMi«l Ngw Ywfc M.A.H, tag* 18. ^■ e ftedih. - '
88th YEAR. No. 35,006._WASHINGTON, D. 0., MONDAY, MARCH 4, 1940 -THIRTY-SIX PAGES. *** . THREE CENTS.
Homes Toppled
In Cave-In of
16-Block Area
Residents Escape
At Shenandoah, Pa.;
$1,000,000 Damage
By the Ancciftted Press.
SHENANDOAH, Pa, March 4.—A
16-block business and residential
section of Shenandoah began to set
tle into a coal mine today. City
officials said property damage would
reach $1,000,000.
Upward of 2.000 persons fled their
homes, aroused by a rumbling
sound, then the three-blast alarm
of the town fire siren.
The ground began to settle at 1
o’clock and by noon some parts of
the affected region had subsided 18
to 20 inches. Chief of Police Frank
Alinsky said there was nothing to
Indicate how soon the sinking might
cease.
Such cave-ins, reported frequently
In the long-mined anthracite fields,
sometimes continue 12 to 24 hours.
Widening cracks gaped in the
brick walls of business buildings and
factories. Roofs sagged and walls
bulged in many of the 500 homes in
the section.
Street Pavements Split.
Cracks, described by townspeople
as resembling "earthquake fissures,”
split street pavements. Some were
several feet wide and 6 to 8 feet
deep.
Residents attributed the steady
subsidence to a collapse of old
anthracite workings beneath the
section. They said the collapse
probably was caused by rain that
has fallen for 24 hours.
Soon after the first alarm some
houses had sagged so that doors
were jammed and occupants had
to escape through windows. Police
then organized a squad of volun
teers to arouse the neighborhood,
house by house.
The area affected was roped off.
Water and gas mains broke with
the first sinking. They were shut
off. Meanwhile, amid tear of tires,
the entire town w’as without water.
The pumping plant is in the settling
area.
Crowds from all sections of town
lined the ropes. Women sobbed,
merchants closed their stores.
Many residents were permitted to
return almost at once to homes
along the streets only slightly af
fected. Nearly 1,000 others, tempo
rarily homeless, huddled in the rain
or took shelter with friends.
Thevaffected section includes al
most a quarter of the city of 21,000
population. Damage was reported
w’ithin a block of the intersection of
Main and Center streets—the heart
of the city. The sinking extended
in varying degree from Main street,
principal north-south street, and
north from one street abov# Center
.street, which runs east and west.
In addition to private residences,
the area included the junior and
senior high schools, the Rescue
Hook and Ladder Firehouse, the
Hotel Mondour, the Miller Shirt
Factory, an Armor packing plant
and numerous smaller business
places.
“The senior high school building
Is cracking now,” Chief Alinsky re
ported at 8:30 o’clock. He described
the school as a two-story brick
structure and said huge cracks were
appearing in various parts of the
building.
The chief said the settling “prob
ably would continue mpst of the
flay.”
Chemists to Probe Death
Of Bride in D. C. Hotel
District chemists were called on
today to dispel mystery surround
ing the death of a 26-year-old
bride in a rdom in a downtown
hotel.
Mrs. Geraldine Anderson died
yesterday at about 5:30 am. Coro
ner A. Magruder MacDonald, after
performing an autopsy, said he had
been unable to determine (he cause
of death and had ordered chemical
tests performed.
Mrs. Anderson had lived at the
Lee House with her husband. Ben
jamin F. Anderson, since February
25. police said
About 3 am. yesterday. Dr. Fran
cis J. O’Bryan of 3060 Q street N.W.,
was summoned to the hotel by Mr.
Anderson and administered a seda
tive to the woman, who had been
having an attack of hysteria.
About 4:30 am. Mr. Anderson dis
covered that his wife was uncon
scious and summoned the house
physician, Dr. Jesse L. Hall. An
hour later Dr. Hall pronounced her
, dead.
• The couple had been married for
only a few months, police were told.
Mrs. Anderson came to Washing
ton several years ago from Rome,
Ga.
New Deal Debate
On Radio Forum
Two prominent members of
the Senate will debate pros and
cons of the New Deal tonight
on the National Radio Forum
over WMAL at 10:30 o’clock.
, With the subject ‘The First
Seven Years of the New Deal,”
the affirmative will be taken by
Senator Lewis B. Schwellen
bach, Democrat, of Washington,
who long has been a consistent
supporter of President Roose*
velt’s program. Negative aenti*
meet will be voiced by Senator
Robert A. Taft, Republican, of
* Ohio.
The program ia arranged by
Thf Star and ia heard over a
coast-to-cosst network of the
National Broadcasting Co.
/
Japanese See
Spy Danger in
Salvation Army
By the Auoelated Pres*.
TOKIO, March 4.—War Minister
Gen. Shunroku Hata declared be
fore the Diet (Parliament) today
that the Salvation Army must be
placed Under "proper regulations”
for prevention of "espionage.”
Hata said military authorities had
started patching the religious or
ganization’s activities.
“Aside from questions of its de
pendency on Britain, or its religious
beliefs,” he declared, “I believe that
the Salvation Army must be placed
under proper regulations in order
to prevent espionage.”
Attacks on Viipuri
From Three Sides
Repelled, Say Finns
1,200 Russians Reported
Slain Northwest of
Lake Ladoga
WELLES GIVEN VIEW of west
front lines in leaving Reich;
Dleckhoff says farewell to U. S.
emissary. Page A-3
HOPES TO HAVE 3,000 in interna
tional brigade, says Kermit Roose
velt; expects to reach Finland
soon to take up post as colonel.
Page A-4
MORE NAZI UNITS reported ar
riving on western front; activity
mounting in numerous local
clashes. Page A-4
GERMANY APOLOGIZES to Bel
gium for planes’ battle; prepared
immediately to consider indemnity.
Page A-6
ADMIRAL RAEDER, Nazi Navy
chief, pledges respect for United
States ships; every possible con
sideration to be shown, he says.
Page A-8
POPE PRAYS ANEW for peace in
mass marking 64th birthday; serv
ice for inhabitants of Rome also
, marks election year ago. Page B-6
By the Associated Press.
HELSINKI. March 4.—The Fin
nish high command announced to
day that its forces, fighting invading
Russians almost at the gates of
Viipuri, had repelled attacks aimed
at the city from three sides.
In addition the Finns reported
fighting in the Arctic region far to
the north, near Petsamo, and north
east of Lake Ladoga, where they
said 1,200 Russians were killed.
The attacks against Viipuri were
beaten back yesterday, according to
the daily army communique, as the
Russians attempted to advance
across the ice of the Bay of Viipuri,
at a second point between the bay
and the Vuoksi Riverk and at a third
point near Ayrapaa, a few miles
further to the northeast.
Planes Back Up Attack.
As the Russians continued to pour
a heavy land fire into deserted Vii
puri the Soviet air force backed up
the attack with an aerial onslaught.
The Finns for their part said their
own air force bombed "enemy col
umns and sites of assembly.”
On the eastern flank of the isth
mus front the Finns reported heavy
artillery exchanges in the Taipale
sector, btit made no mention of new
Russian attacks. The communique
mentioned "heavy” Russian losses
in the fighting around Viipuri, but
did not estimate the casualties.
In the Far North, the Finns said,
their forces had driven the Rus
sians back about 2 miles from Nautsi,
to which the spearhead of the Red
Army drive penetrated last week.
Nautsi is about 60 miles southwest
of Petsamo.
Red War Planes Active.
The communique said Russian war
planes had been active yesterday,
supporting ground troops on the
isthmus and bombing areas behind
the front. Lappeenranta, about 30
miles northwest of Viipuri, was de
scribed as hardest hit.
The Finns said that so far as
could be ascertained there had been
no civilian casualties, and an
nounced that four Russian planes
had been shot down.
Yesterday the high command an
nounced that 1,000 Russians had
been slain at Kollaa, northeast of
Lake Ladoga, where their attacks
were repulsed by artillery fire.
On other fronts, where savage
fighting was said still to be in
progress, the Finnish communique
yesterday reported gains on the
eastern side of the Karelian Isthmus
—where the Russian invaders have
failed to dent the Mannerheim Line
—and at Kuhmo and Salla on the
eastern front.
Where the Karelian Isthmus de
fense lines are intact, well-timed
artillery fire was reported to have
inflicted heavy losses on the enemy
lines.
Several of the enemy’s strong
(See"FINLAND, Page A-12.)
Anglo-ltalian
Break Looms In
Coal Blockade
Rome Protest Worns
London 1938 Pact
Is Imperiled
By the Auoclktcd Prw.
ROME. March 4.—A rupture of
the British-Italian "gentlemen’s
agreement” regulating the Mediter
ranean relations of the two coun
tries appeared threatened todffy as
a result of the British blockade of
Italian sea-borne coal imports from
Germany. *
Italy, asserting that her interests
were “seriously injured" by this
blockade, made public a vigorous
protest against the effects on non
belligerent nations of Britain’s “eco
nomic war.”
The note, bristling with charges
of illegality, was delivered yester
day to the British Embassy. The
coal blockade, it said, “is of a kind
to disturb and compromise the eco
nomic and political relations” estab
lished by the agreement April Id,
1938.
While the coal blockade was the
immediate occasion for the protest,
the Italian note included a. general
complaint against the entire system
of contraband control.
Seconding the United States’ pro
tests against interference with the
mails, the note called such acts
“flagrant violation” of postal secrecy
which the 11th Hague Convention of
1907 “explicitly intended to guar
antee.”
Protest Considered Strong.
Diplomats considered the Italian
protest strong and the newspaper
II Popolo di Roma described it as
“measured in form but crushing in
content.”
Various informed Italians pre
viously had seen the blockade as po
litical pressure to force Italy to sell
England arms instead of agricul
tural products in return for substi
tuted Welsh coal.
The importance of the situation
to Italy is Indicated by the fact that
60 per cent of the 11,000,000 tons of
coal which she imported in 1939
came from Germany, and most of
this traveled by sea.
Despite Italy’s common border
with Germany, supplies of rolling
stock now available for coal trans
portation in the two countries are
insufficient to take over the full
burden of the traffic hitherto car
ried by sea lanes.
In recent months Italy has gath
ered approximately 6.000 freight cars
in Upper Silesia to facilitate coal
shipments, informed sources said,
but they estimated that these could
not handle more than 3.000.000
tons yearly—less than half the ton
nage Italy has been importing an
nually from Germany.
Effort to Strike Twice Charted.
The newspaper H Tevere charged
Britain with having attempted to
deliver “two blows in one against
Italy" through the blockade.
“With the first seeking to monopo
lize the products of Italian heavy
industries it obviously was aimed to
disarm Italy under the pretext of
commercial exchanges,” 11 Tevere
said. “With the second England at
tempted through devious peaiis to
acquire the services of our merchant
marine. Having to go to England
to load coal, it' is logical that our
ships would transport arms there.”
The submission of all maritime
traffic of non-belligerent countries
to contraband control, the note said,
“is manifestly abusive.”
British Protest Reported.
The British were reported reliably
already to have countered the Ital
ian protest with one of their own
against treatment of news of the
blockade in the Fascist press.
The British were understood to
have complained against alleged in
sinuations that the blockade was an
attempt to exert economic pressure
on Italy to make her agree to ex
change armaments for British coal.
Italy’s protest yesterday was ac
companied by the newspaper attack
of Robert Farinacci, Fascist Grand
Council member. He called the
British blockade “reaction to our
refusal to sell arms to England,”
and changed thSt Britain “hoped to
(See PROTEST, Page A-5.)
Parran Is Renominated
As Surgeon General
By the Associated Press.
President Roosevelt renominated
Thomas Parran of New York today
to be Surgeon General of the United
States.
He also nominated Jonas W. Gra
ber of Kansas City, Kans., to be as
sistant to the Internal Revenue Com
missioner and James J. Murphy, Jr,
of Pennsylvania, a foreign service
officer, to be a consul general.
The nominations are subject to
Senate confirmation.
$250,000 More for Byrd Trip
Refused by House Group
Br the Associated Press.
The House Appropriations Com
mittee refused today to approve an
other $250,000 appropriation for the
Byrd Antarctic expedition, saying it
had been misinformed last year as
to the expedition’s needs.
The $250,000 fund for the Byrd
expedition was refused on the
ground the committee was given
wrong information last year as to
how long it would be necessary to
provide money for that project. As
serting that $350,000 already had
been appropriated for the purpose,
the committee left provision of
further funds to future action.
As funds were denied, it was dis
closed that an argument as to
whether Admiral Byrd would profit
personally from the expedition took
place in the House subcommittee
hearing on funds for the. venture.
The request for funds was contained
in the Interior Department budget,*
wnich the committee has been con
sidering.
Representative Johnson, Demo
» !
crat, of Oklahoma, told his col
leagues on the subcommittee he had
evidence that Admiral Byrd was in
line "to make a personal fortune.”
“Has Admiral Byrd some advertis
ing and radio contracts advertising
cigarettes, toothpaste, perfumes and
other contracts from which he
expects to make a fabulous sum of
money out of this expedition?” Mr.
Johnson asked Lt. Comdr. Robert
A. J. English, executive secretary of
the Antarctic service’s executive
committee.
“No, sir,” replied Comdr. English.
’1 am pleased to have the oppor
tunity now to remove that impres
sion from the minds of any of the
committee members. That is not
true."
Mr. Johnson exhibited a full-page
advertisement, which he said was
from a Washington newspaper, with
a picture of members of the expedi
tion smogjng a certain brand of
cigarettes. He said it quoted Ad
(8se BYRD, Page A-g.)
* %
/
/ AND WM.IVtMtMW.V*
VKkMMrafMtGWtV
lofPiwnjMmanmO
Genesis XLI, 29, 30
-
Census Subcommittee Votes
To Ban Income Questions
Senators Secretive About 3-to-2
Action in Executive Session
By J. A. O LEARY.
The Senate subcommittee inquir
ing into the scope of the 1040 census
today voted, 3 to 2, to support the
Tobey resolution, which would place
the Senate on record against re
quiring citizens to answer questions
about their personal income in this
year’s census, it was learned today
on reliable authority.
The subcommittee threw a cloak
of mystery around its action, and
made no announcement of what had
taken place in a two-hour executive
session this morning.
It is understood an agreement was
reached not to announce the result
formally today because the Com
merce Department had requested
an opportunity, to be heard again on
the Issues involved. Latest reports
were that the department will be
given this opportunity before the
entire Commerce Committee tomor
row.
The subcommittee went into exec
utive session after several days ef
public hearings last week, at which
census officials defended the 194G
questionnaire, while Senator Tobey,
Republican, of New Hampshire, sup
ported by a number of outside wit
nesses, vigorously attacked the in
clusion of Income questions in the
1940 enumeration of population.
Meanwhile, Senator Tobey filed
with the committee today a new
brief challenging the legality of
these questions as being outside
the scope of the law authorizing the
taking of the census. He quoted the
act of 1934, which declared the
census “shall be restricted" to ques
tions relating to population, agri
culture, irrigation, drainage, dis
tribution, unemployment and mines.
Under the ordinary rules of con
struction. he contended, no other
classification can be read into the
statute in disregard of the restrictive
clause. He said census officials have
endeavored to stretch the meaning
of the words "population, unemploy
ment and distribution.”
“They have even contended.” he
continued, “that income is Included
within the term ‘unemployment' on
the ground that an Act of Congress
passed in 1939, providing for a re
stricted census of employment speci
fically authorised questions on in- 1
come and used the word ‘income.’ ”
Senator Tobey also cited legal au
thorities to support hls contentian
(hat the proposed questions violated
constitutional rights.
“It is not fair to the people.” Sen
ator Tobey said, “for the Senate,
without protesting, to allow locally
and politically appointed temporary
employes of the Government to de
mand from their neighbor citizens
such private information under
threat of penalty of fine and imprls
ohmrtit.”
Roosevelt Attends
Church Rite on 7th
Year as President
Hears Biblical Anti-War
Exhortation in Divine
Services at St. John's
B» the AKiocieted Prcu.
President Roosevelt heard a
solemn exhortation from the Bible
today, that "Nation shall not lift up
a sword against nation,” at divine
services commemorating the 7th an
niversary of his first inauguration.
Seated in “the church of the
Presidents,” St. John’s Episcopal, a
block from the White House, the
Chief Executive bowed his head
while these words from the fourth
chapter of Micah were read:
“And they shall beat their swords
into plowshares and their spears
into pruning hooks: nation shall
not lift up a sword against nation,
neither shall they learn war any
more.”
As he has done every March 4,
the President drove to St John’*
for a 30-minute service. He heard
Dr. Endieott Peabody, who was his
boyhood headmaster at Proton
(8ee SERVICES, Page A-4.)
Hazen Plans to Call
Conference to Spur
Drive on Crime
Will Seek to Determine
If Present D. C. Laws
Need Strengthening
Expressing alarm over the current
crime wave in Washington, Com
missioner Melyin C. Hazen said to
day he plans , to call a special con
ference of police and prosecuting
officials to determine what measures
should be taken to further the drive
on criminals here.
Hie Commissioner said he would
propose the conference at tomor
row’s meeting of the Board of Com
missioners. He said he is certain
the other two Commissioners will
approve the conference.
Commissioner Hazen said he ex
pected to call “every police official
from captain on up” to sit in on a
conference with the Commissioners,
Corporation Counsel Elwood H. Seal
and a representative of the United
States attorney’s office.
“My idea in calling this con
ference,” the Commissioner declared,
“is to determine whether any of the
(See CRIME, Page A-12.)
Summary of Today's Star
Page.
Amusements/
B-16
Comics . .8-14*15
Editorials -A-14
Finance A.A-17
Lost, Found B-lt
Page.
Obituary ...A-12
Radio.B-14
Society _B-2
Sports .A-14-16
Woman’s Page,
B-l#
Foreign
Italy warns Britain blockade may
cause break. Page A-l
Welles sees western front lines in
leaving Reich. Page A-J
More Nasi units reported arriylng on
western front. Page A-4
Hopes to have 3,000 in brigade, says
Hermit Roosevelt. Page A-4
Reich apologises to Belgium for
planes' clash. * Page A-4
Dissatisfaction with war chiefs rises
in Britain. Page A-7
Pope prays mow for pence in Mth
birthday mass. Page B-4
Hast admiral pledgee respect for
- U. 8. ships. Page A A
National
Byra won t proni uj expeaittoci,
House today told. Page A-I
Pood stamp plan may be emended
to Nation-wide scale. Page A-4
New York transport workers protest
strike ban. Page A-if
Washington and Vicinity
Appeals Court upholds Medical As
sociation Indict essnt Page A-i
t
Commissioner Huen to call crime
wave conference. Page A-l
House D. C. Committee asks rehear
ing in aoning case. Page A-l
Mrs. Roosevelt praises D. C. mini
mum wage law. . Page B-l
Pour meet death on nearby high
ways over week end. Page B-l
Editorial and Comment
This and That. Page A-ll
Answers to Questions. Page A-ll
Letters to The Star. Page A-ll
David Lawrence. Page A-ll
Frederic William Wile. Page A-ll
Jay Franklin. ' Page A-ll
Charles G. Ross. Page A-ll
Alsop and Kintner. Page A-ll
Sperti
Bloodworth on second. Hudson on
hill In Nats’ opener. Page A-14
Owner Howard stffl undecided about
retiring SeiMaeutt. Page A-14
D. O. basket ball fans stirred over
Evening Star tourney. Page A-ll
Big new UUne sports arsna to bo
ready by fan. Page A-l*
k.A*—.H- ' V
IfllKlIMIIf •
Natures Children. "page B-l
Of Hearts and 8ongr» , Page Br.7
Letter-Out. • Y PageB-14
Winning Contract. PageB-14
Bedtime Story. PageB-14
Ones-Word Puasle. PageB-ll
Coda Ray’s Oernar. PagsB-ll
4
Committee Refuses
To Hall District
Liquor Inquiry
Schafer's Charge of
Exceeding Authority
Is Rejected
The House District Committee to
day refused to call an abrupt halt In
the investigation of the liquor con
trol situation here as demanded by
Representative Shafer, Republican,
of Michigan, who had charged the
special subcommittee conducting
the inquiry had exceeded its au
thorized authority.
Subcommittee Chairman Eber
harter said the inquiry would pro
ceed without further delay, and in
dicated the scope would not be re
stricted. Another public hearing
will be held tomorrow at 10 am.
Other Mattel Also Discussed.
Mr. Eberharter made his an
nouncement following an hour's
executive session of the committee
at which the liquor probe was dis
cussed as well as several other mat
ters -pending before the committee,
including the bill of Representative
Cooley, Democrat, of North Carolina,
which would repeal the local Income
tax law.
xne committee also considered a
request by Mrs. M. O. Lorenz, presi
dent of the District League of
Women Voters, and Mrs. Ruth Bu
chanan that a bill permitting minors
to take part in professional concerts
or theatrical performances be re
called from the House calendar for
further consideration. But at the
executive session the committee re
fused to grant the request.
Aside from refusing to order the.
special liquor investigating sub
committee to end its activities, the
committee, behind closed doors, also
directed its subcommittee on fiscal
affairs to begin consideration of the
Cooley income tax repeal bill and
other proposed amendments to the
Income tax law within the next
week. The proposed changes in the
income tax law, it was said, will be
considered in executive session.
Discussion over developments in
the liquor investigation was not re
vealed by committee members.
Chairman Randolph, however, said
the investigating subcommittee
would proceed, as formerly directed.
Kennedy Intended Sweeping Probe.
Fate of the liquor Investigation had
been in the balance since last Thurs
day when Mr. Shafer charged at the
last public hearing of the investi
gating subcommittee that it had
gone beyond its jurisdiction. He
contended the subcommittee was
created to inquire only into the cases
6f Leo J. Rossiter andjftalph A. Lee,
restaurant proprietor, whose li
censes to sell liquor by the drink
had been denied by the Alcoholic
Beverage Control Board. Since
these licenses were subsequently is
sued, he argued the investigating
subcommittee had no authority to
proceed further.
Representative Kennedy, Demo
crat, of Maryland, who inspired the
Investigation, has insisted, however,
he intended the subcommittee to
make a sweeping Inquiry into the
entire liquor control situation and
the practices of the A. B. C. Board
In issuing and renewing-licenses.
Indictment Upheld
Agai nst Doctors
By Appeals Court
- II
Gist of Opinion
Society's Action Held
More Than Discipline
A partial text of the opinion of
the Court of Appeals today up
holding the medical indictment
follows:
We think enough hu been said
to demonstrate that the common
law governing restraints of trade
has not been confined, as defendants
insist, to the field of commercial
activity ordinarily defined as “trade,”
but embraces as well the field of the
medical .profession. And since, as
we think, we are required by the
decisions of the Supreme Court to
look to the common law as the
chart by which to determine the
class and scope of offenses de
nounced in Section 3, it follows that
we must hold that a restraint im
posed upon the lawful practice of
medicine—and a fortiori—upon the
operation of hospitals and of a
lawful organization for the financ
ing of medical services to its mem
CHIEF JUSTICE GRONER.
(Delivered opinion.)
bers. is just as much in restraint of
trade as if it were directed against
any other occupation or employ
ment or business. And, of 0010*86,
the fact that defendants are physi
cians and medical organizations is
of no significance, for Section 3
prohibits “any person’’ from im
posing the proscribed restraints.
Congress did not provide that one
class, any more than another, might
impose restraints or that one class,
any more than another, might be
subjected to restraint.
This brings us, then, to consider
whether the indictment shows un
reasonable restraints.
Three Major Charges
Against Medical Societies.
The charge, stated in condensed
form, is that the medical societies
combined and conspired to prevent
the successful operation' of Group
Health's plan, and the steps by
which this was to be effectuated
were as follows: (1) To impose re
straints mi physicians affiliated with
Group Health by threat of expul
sion or actual expulsion from the so
cieties; (2) to deny them the essen
tial professional contacts with other
physicians, and (3) to use the coer
cive power of the societies to deprive
them of hospital facilities for their
patients. Sufficient facts are stated
to demonstrate that, unchecked, this
exertion of power will necessarily
accomplish the abandonment of the
co-operative plan of medical serv
ice, as well as destroy the liveli
hood of dissident doctors, because
the general restraint thus applied
would make impossible the contin
ued operation of the one or the
successful practice of medicine by
the others.
Defendants say that what they
are charged with doing amounts to
ho more than the regulation of
membership in the society and the
selection of the persons with whom
they wish to associate; that under
their rules disobedient members
may lawfully be disciplined and
that disciplination does not amount
to unreasonable restraint. This may
very well be true, and in consid
ering the contention we are not
unmindful of ttye importance of
rules of conduct in medical prac
tice; rules which can best be made
by the profession itself. We recog
nize, in common with an almost
universal public opinion, that in
the last half century, through this
(Continued on Page 3, Column 2.)
Citizens Storm Legislators,
Get Action on Zoning Review
(Picture on Page A-2.)
By JAMES E. CHINN.
Hie House District Committee to
day voted to ask'the Zoning Com
mission to grant a rehearing of a
decision that would permit Sears,
Roebuck Ac Co. to erect a large retail
store at Wisconsin avenue and Al
bemarle street N.W.
Action came after the committee
was stormed by 90 residents in the
neighborhood of the Janney School,
demanding that they be given "Jus
tice,1” and claiming they oould not
•et it at the District Building. The
delegation filed a protest against
the action of the Zoning Commis
sion in denying a rehearing of the
case last week.
The delegaiflosi was led by Mrs.
Deonard Tucker, a vies president
of the Janney Softool Parent-Teach
er treads non, who charged into
the^comndttee^romn. shouting: ^
Pf
justice at the District Building and
wp now appeal to you.”
Behind her followed 4ft men and
women, who stood as she told the
committee the proposed store would
create a dangerous traffic hazard
for children attending the four
schools in the neighborhood.
Both Chairman Randolph and
Representative Kennedy, Democrat,
of Maryland explained they had
urged District officials to grant a
re-hearing of the case.
Informed of the House District
Committee’s action, Engineer Com
missioner David McCoech, Jr., chair
man -of the Zoning Commission,
termed the request “a very unusual
one,” and said he would call a
meeting of the commission as soon
as he receives formal notification
of the request of the House Com
mittee.
He refused to forecast what action
the commission would take , because,
he said, it was the first time in his
knowledge that such a request had
emr been made.
Restraint of Trode'
Covers Professions,
Tribunal Rules
BACKGROUND—
Federal grand jury. December,
1939, returned indictment against
tour bodies of organised medicine,
and 21 doctors, charging violation
of Anti-Trust Act, for conspiracy
in restraint of trade of Group
Health Association, and Washing
ton hospitals. District Court,
July, 1939, dismissed indictment,
holding medicine not a trade.
Supreme Court, October 23, re
fused to review case on direct
appeal. Government appeal was
argued January 13 in Court cf
Appeals.
By WILLIAM A. MILLEN.
Holding that the practice of med
icine falls within the scope of the
Sherman Anti-Trust Act, the United
States Court of Appeals today sus
tained the validity of the Indictment
against the American Medical As
sociation, the Medical Society of the
District of Columbia, the Harris
County (Texas) Medical Society and
21 physicians.
The Appellate Court reversed and
remanded the case to District Court.
Previously, District Court held that
the indictment was faulty, and had
sustained a demurrer which the
doctors had filed.
When, and if, the case will go to
trial, however, still was uncertain as
the defense and Government studied
the latest development.
Ordinarily, the defense has one of
two courses—either to go back to
District Court and ask for a bill of
particulars, thereby preparing for
trial, or to seek a review by the Su
preme Court.
Decision Will Be Delayed.
Seth Richardaon, of defense coun
sel, said a decision on the next step
would be delayed.
After the District Court ruling in
the case, the Government sought to
speed up action by appealing directly
to the Supreme Court for a review,
but this was turned down by the
high court early in the present term
and the Court of Appeals action
then was pressed to decision.
Defense counsel for the doctors
probably will get together soon for
a conference on defense procedure,
it was indicated. Most of them
indicated informally, without mak
in a definite announcement, that
the most likely step would be ap
plication for a writ of certiorari
from the Supreme Court of the
United States.
Says Appeal Will Be Taken.
In Chicago officials of the Ameri
can Medical Association said the
organization no doubt “would at
once apply to the United States Su
preme Court for a definite decision
as to whether or not the practice
of a profession can be considered
to come within the scope of the
Sherman anti-trust law.”
The statement was made at asso
ciation headquarters by Drs. Olin
West, secretary of the A. M. A., and
Morris Fishbein, editor of the or
ganization's journal. 1
Defense counsel, in addition to Mr.
Richardson. Include Charles A.
Baker and William E. Leahy of this
city, and Edward M. Burke of Chi
cago, who is general counsel of the
American Medical Association. One
of the defendants, Dr. Prentiss Will
son, is represented personally by
John L. Laskey.
Chief of Government counsel in
the case is Thurman Arnold, As
sistant Attorney General in charge
of anti-trust cases, who led the
prosecution staff in arguing the case
before the Court of Appeals.
Specifically the defendants were
charged with conspiracy and re
straint of trade in the District of
Columbia, in violation of section 3
of the Sherman Anti-Trust Act.
The appellate court recalled that the
main purpose of the conspiracy, aa
shown in the indictment, was to
impair or destroy the business and
activities of Group Health Associa
tion, Inc., which was organized Jn
1937 as a non-profit co-operative
association for the provision of
medical care and hospitalization to
its members and dependents.
List of Defendants.
The 21 individual defendants in
the case are: ,
From the American Medical Asso
ciation—Dr. Morris Fishbein, editor
of the Journal of the American
Medical Association; Dr. Olin West,
secretary and general manager; Dr.
William Creighton Woodward, di
rector of the Bureau of Legal Medi
cine and Legislation; Dr. WiDiam
Dick Cutter, secretary of the Council
(See MEDICAL, Page A^3.)
Child Is Killed, IS Injured
As Truck Hits School Hus
By the Auoclatcd Press. s
DOVER, Del., March 4.—A truck
rammed the rear of a school bus
carrying 35 children from rural
homes to Dover schools today, niHwg
1 and injuring at least 15.
Seven-year-old El wood Williams
of Cheswold died of head injuries
two hours after the accident on the
Du Pont highway two miles north
of Dover. Five others were detained
at a hospital, one in a serious condi
tion.
State police said the super
structure of the bus was demolished.
Some of the children fell uncon
scious to the road, their shoes and
clothing torn off.
The truck driver, booked as Philip
Robert Christian, 35, of Buekaroe,
Va., was arrested on charges of
reckless driving and assault and
battery. He received minor cuts.
Six Farm Hands Killed
By th« AnodtM Preu.
CHARLOTTE COURTHOUSE. Va.,
March 4.—A freight train struck
an automobile 1 mile south of
Pamplin last night, mwog she col
ored farmhands.
' h